Conditions Precedent to Effectiveness of Section. 2.01. Section 2.01 of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions precedent have been satisfied:
Conditions Precedent to Effectiveness of Section. 2.01. ----------------------------------------------------- Section 2.01 of this Agreement shall become effective on and as of the first ------------ date (the "Effective Date") on which the following conditions precedent have -------------- been satisfied or waived:
Conditions Precedent to Effectiveness of Section. 2.01. Section 2.01 of this Agreement shall become effective on and as of the first date (the “Effective Date”) on which all of the following conditions precedent have been satisfied or waived in accordance with Section 9.01: (a) the Designated Agent (or its counsel) shall have received from each party hereto either (i) a counterpart of this Agreement signed on behalf of such party or (ii) written evidence satisfactory to the Designated Agent (which may include facsimile or other electronic transmission of a signed counterpart of this Agreement) that such party has signed a counterpart of this Agreement; (b) the Designated Agent shall have received on or before the Effective Date the following, each dated as of the Effective Date: (i) certified copies of the resolutions of the Board of Directors of the Borrower or the Executive Committee of such Board authorizing the execution and delivery of this Agreement and the other documents related hereto; (ii) a certificate of the Secretary or an Assistant Secretary of the Borrower certifying the name and true signature of the officer of the Borrower executing this Agreement on its behalf; and (iii) an opinion or opinions of counsel for the Borrower (which may be in-house counsel, external counsel or a combination of the two), substantially to the effect set forth in Exhibit C hereto; (c) any consents or approvals of governmental or regulatory authorities, and any consents or approvals of third parties required under material agreements of the Borrower, that in either case are necessary in connection with this Agreement or the consummation of the transactions contemplated hereby shall have been obtained and shall remain in effect; (d) there shall have occurred no material adverse change in the business, financial condition or results of operations of the Borrower and its Subsidiaries, taken as a whole, since September 28, 2013, except as disclosed in reports filed by the Borrower and its Subsidiaries, if any, during the period from September 28, 2013, to the date hereof pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, copies of which have been furnished to the Lenders prior to the date hereof; (e) all of the representations and warranties contained in Section 5.01 shall be correct in all material respects on and as of the Effective Date, before and after giving effect to such date (except to the extent that such representations and warranties relate to an earlier date, in which case such re...
Conditions Precedent to Effectiveness of Section. 2.01. Section 2.01 of this Agreement shall become effective on and as of the first date (the “Effective Date”) on which the following conditions precedent have been satisfied (or waived by the appropriate party or parties): (a) The Initial Liquidity Facility Provider shall have received on or before the Initial Closing Date each of the following, and in the case of each document delivered pursuant to paragraphs (i), (ii), (iii) and (iv) below, each in form and substance satisfactory to the Initial Liquidity Facility Provider: (i) This Agreement and the Fee Letter duly executed on behalf of each of the parties thereto (other than the Initial Liquidity Facility Provider);
Conditions Precedent to Effectiveness of Section. 2.01 40 SECTION 3.02. Conditions Precedent to Each Borrowing and Issuance 41 SECTION 3.03. Determinations Under Section 3.01 42
Conditions Precedent to Effectiveness of Section. 2.01 (a) and (b). Section 2.01 (a) and (b) of this Agreement shall become effective on and as of the first date (the "Effective Date") on which the following conditions have been satisfied to the satisfaction of the Administrative Agent:
Conditions Precedent to Effectiveness of Section. 2.01 31 SECTION 3.02. Initial Advance to Each Designated Subsidiary 32
Conditions Precedent to Effectiveness of Section. 2.01 28 SECTION 3.02. Initial Advance to Each Designated Subsidiary 29 SECTION 3.03. Conditions Precedent to Each Borrowing, Issuance and Commitment Increase. 30 SECTION 3.04. Determinations Under Section 3.01 30 ARTICLE IV 31 SECTION 4.01. Representations and Warranties of the Company 31 ARTICLE V 32 SECTION 5.01. Affirmative Covenants 32 SECTION 5.02. Negative Covenants 34 SECTION 5.03. Financial Covenants 38 ARTICLE VI 38 SECTION 6.01. Events of Default 38 SECTION 6.02. Actions in Respect of the Letters of Credit upon Default 40 ARTICLE VII 40 SECTION 7.01. Unconditional Guaranty 40 SECTION 7.02. Guaranty Absolute 41 SECTION 7.03. Waivers and Acknowledgments 41 SECTION 7.04. Subrogation 42 SECTION 7.05. Continuing Guaranty; Assignments 42 ARTICLE VIII 43 SECTION 8.01. Authorization and Authority 43 SECTION 8.02. Rights as a Lender 43 SECTION 8.03. Duties of Agent; Exculpatory Provisions 43 SECTION 8.04. Reliance by Agent 44 SECTION 8.05. Delegation of Duties 44 SECTION 8.06. Resignation of Agent 44
Conditions Precedent to Effectiveness of Section. 2.01 23 SECTION 3.03. Conditions Precedent to Each Borrowing, Commitment Increase and Issuance. 24 SECTION 3.03. Determinations Under Section 3.01 24 ARTICLE IV SECTION 4.01. Representations and Warranties 25 ARTICLE V SECTION 5.01. Affirmative Covenants 27 SECTION 5.02. Negative Covenants 29 SECTION 5.03. Financial Covenants 31 ARTICLE VI
Conditions Precedent to Effectiveness of Section
